State ex rel. State Bank v. Martin
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. If the entry of satisfaction in this case is a record, it cannot be impeached by parol testimony, at least in a court of law and in a collateral proceeding. Is it a record? Of that there would seem to be no room for doubt. It was an act judicial in its nature and proper to be done. It was performed in open Court, and tbe evidence of its performance enrolled among its proceedings.
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Appeal from Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. If the entry of satisfaction in this case is a record, it cannot be impeached by parol testimony, at least in a court of law and in a collateral proceeding. Is it a record? Of that there would seem to be no room for doubt. It was an act judicial in its nature and proper to be done. It was performed in open Court, and tbe evidence of its performance enrolled among its proceedings. It was something of which the Court had jurisdiction, and the actors were personally before the court. It was a part of the proceedings of the…
1Opinion of the CourtChief Justice English
This was an action of debt brought in the name of the State for the use of the Bank of the State, upon the official bond of Lemuel R. Lincoln, (after his death,) as attorney for the Bank, against Jared C. Martin and George C. Watkins, two of the securities in the bond.
The special breach assigned was, that on the 10th of November, 1847, Albert Pike paid to Lincoln, as such' attorney, one half of a judgment rendered in favor of the Bank, on the 16th of November, 1846, against Absalom Fowler, Albert Pike and Thomas W. Newton, for $4,850, with ten per cent, interest, from 27th July, 1844, and…
2Cases cited1 opinion
- Snider v. GreathouseSupreme Court of Arkansas · 1855
3Cited by5 opinions
- Wanack v. PeopleIllinois Supreme Court · 1900
- Graves v. BulkleySupreme Court of Kansas · 1881
- Davis v. OaksSupreme Court of Arkansas · 1933
- Fields v. JarnaginSupreme Court of Arkansas · 1947
- Hubbard v. National Stamping & Electric WorksAppellate Court of Illinois · 1919